Wise ens in* 



Laws relating to coir.pulscry 
school attendance - 



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INDUSTRIAL COMMISSION OF WISCONSIN 

MADISON, WISCONSIN. 

(Successor to Bureau of Labor and Industrial Sta- 
tistics, State Board of Arbitration 
and Conciliation, and Indus- 
trial Accident Board.) 



LAWS RELATING TO COMPULSORY SCHOOL 

ATTENDANCE, TRUANCY, AND 

CONTINUATION SCHOOLS. 



COMPULSORY SCHOOL ATTENDANCE AND TRUANCY 

Section 439a, Any person having under his control any 
child between the ages of seven and fourteen years, or any 
child between the ages of fourteen and sixteen years not regu- 
larly and lawfully employed in any useful employment or ser- 
vice at home or elsewhere, as provided! by chapter 349 of the 
laws of 1903, [child labor law] shall cause such child to be en- 
rolled in and to attend some public, parochial or private- 
school regularly (regular attendance for the purpose of this- 
statute shall be an attendance of twenty days in each school 
month, unless the child can furnish some legal excuse) in. 
cities of the first class during the full period and hours of. 
the calendar year (religious holidays excepted) that the pub- 
lie, parochial or private school in which such child is enrolled: 
may be in session; in all other cities not less than eight 
school months; and in towns and villages not less than six 
school months in each year, and all children subject to the 
provisions of this act shall be enrolled in some public, par- 
ochial or private school within one school month after the 
commencement of the school term in the district in which 
such children reside, except that in cities of the first class 
such children shall be enrolled at the time of the opening 
of the school which they will attend (and the word "term," 
for the purposes of this act, shall be construed to mean the 



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entire time that school is maintained during the school year) 
provided that this section shall not apply to any child not 
in proper physical or mental condition to attend school, who 
.shall present the certificate of. a reputable physician in gen- 
eral practice to that effect, nor to any child who lives in 
country districts more than two miles by the nearest traveled 
road fro iiy the schoolhouse in the district where such child ; 
resides; provided that if transportation is furnished by the 
district this exemption as to distance shall not apply, nor 
shall this section apply to any child who shall have completed 
the course of study for the common schools of this state or 
the first eight grades of work as taught in state graded or 
other graded schools of Wisconsin, and can furnish the proper 
diploma, certificate, or credential showing that he has com- 
pleted oik of said courses of study, or its equivalent. Instruc- 
tion during the required period elsewhere than at school, by a 
teacher or instructor selected by the person having control of 
such child shall be equivalent to school attendance, provided that 
such instruction received elsewhere than in school be at least 
subsl utiallv equivalent to instruction given to children of like 
ages in the public, parochial or private school where such chil- 
dren reside. Any person who shall violate the provisions of this 
section shall upon conviction thereof, be punished by a hue of 
ii, .t Less than five dollars nor more than fifty dollars, together 
with costs of prosecution, or by imprisonment in the county jail 
not exceeding three months, or by both such fine and imprison- 
ment in the discretion of the court, for each offense. It shall 
be the duty of the district attorney and his assistants to 
prosecute in the name of the state all violations of the provi- 
sions of this section. Any person who shall be) proceeded 
against under the provisions of this section may prove in de- 
fense that he is unable to compel the child under his control 
to attend school or to work, and he shall be thereupon dis- 
charged from liability, and such child shall be proceeded 
against as incorrigible, or otherwise, according to law, and in 
case of commitment, if the parents or person having control 
of such child desire it, such child shall be committed to a 
school or association controlled by persons of the same relig- 
ious faith as such child, which is willing and able to receive 
and maintain it without compensation from the public trea- 

£ % fir 

• 23 :$t2 



— 3 — 

siuy. When in any proceedings under this section there is 
any doubt as to the age of any child, a verified baptismal 
certificate or duly attested birth certificate shall be produced 
and filed in court. In ease such certificates cannot be secured, 
upon proof of such fact, the record of age stated in the first 
school enrollment of such child or first school enrollment to 
be found shall be admissible as evidence "thereof. 

Section 439b. In all cities of the first class the board of 
education or any board having similar powers, shall appoint 
ten or more truant officers and in all other cities having more 
than 2,000 population by the last United States or state cen- 
sus, such board shall appoint one or more truant officers whose 
duty it shall be to see that the provisions of this act are en- 
forced, and when of his personal knowledge, or by report or 
complaint from any resident of the city, or by report or com- 
plaint as provided herein, a truant officer believes that any child 
is unlawfully and habitually absent from school and not other- 
wise receiving instruction as provided in section 439a as 
amended, he shall immediately investigate and render all 
service in his power, to compel such child to attend some pub- 
lic, parochial or private school which the person having control 
of the child shall designate, or if over 14 and under 16 years 
of age, to attend school or become regularly employed at home 
or elsewhere, and upon failure he shall serve a written notice 
as required in section 4 of this act and proceed as hereinafter 
provided against the person having charge of such child. And 
in all cities having less than 2,000 population by such cen- 
sus, and in all towns and villages the sheriff of the county, his 
under-sheriff, and deputies shall be the truant officers, and it 
shall be the duty of all truant officers named in this section to 
enforce the provisions of this act as provided herein. 

Section 439cb. It shall be the duty of the school clerk of 
every school district, the clerks of boards of education, and 
the clerks of sub-districts, or other officers whose duty it is 
to take the school census under the law, at the time of taking 
the school census of their respective districts, cities, or sub- 
districts, to make out three copies of such census reports, on 
blanks to be furnished by the state superintendent, and send 
one of such copies by mail, or otherwise to the proper super- 
intendent on or before the fifteenth day of July each year, and 



— 4 — 

at the time of the opening of school in his district, he shall de- 
liver, with the register, a copy of such census report to the 
teacher employed in said district, and if the school consists 
of two or more departments the copy shall be placed in the 
hands of the principal. In case the district includes within 
its boundaries, territory lying in two or more counties it shall 
be the duty of the clerk of such district to make out separate 
copies of the census rep*orts for each part of said joint dis- 
trict, and forward, the same to the proper superintendents; 
provided that in all cities having a population of 2,000 or more 
the clerk of the board of education or other officer, whose duty 
it is to take the school census shall not be required to furnish 
copies of the census returns to the county superintendent, city 
superintendent or teachers. Said clerks of boards of educa- 
tion and other officers who shall have the care and custody of 
the school census returns, shall have their offices open at all 
reasonable hours, and allow and assist superintendents, teach- 
ers, ;md truant officers to examine and secure information from 
the school census reports on file in their offices, that may, in 
any way, aid in the enforcement of the provisions of this act. 
All teachers in public schools except teachers in high schools, 
si) all at the request of the proper superintendent, while school 
is in session report to him. Said report shall show the name 
of the school and its location, the name and address of the 
teacher, the number of months school is maintained during 
the year, the date of opening and closing of the school, the 
names and ages of all children enrolled in their respective 
schools between the ages of seven and fourteen and fourteen 
and sixteen, the names and post office addresses of the par- 
ents or other persons having control of such children, the num- 
ber of the district and the name of the town, city, village and 
county in which said children reside, the distance such child 
or children reside from, the schoolhouse in the district in which 
they live by the nearest traveled road, the number of days 
each such child was present and the number of days such child 
was absent during each month and such other reports re- 
quested by him, said reports to be made on blanks to be fur- 
nished by the county, district or state superintendent. It shall 
be the duty of every school clerk, or the clerk of the board of 
education to deliver to the teachers in the public schools a suffi- 



cient number of blanks as described above, to supply said 
teachers for one school year; provided that when there shall, 
be enrolled and in attendance at parochial or private schools, 
children residing in a county or counties other than the one 
in which the sehoolhouse is located, the teachers m such paro- 
chial or private schools may make the reports hereinbefore 
described to the county, district or city superintendent of the 
county, or the city in which the children between the ages of 
seven and fourteen and fourteen and sixteen so attending, reside ; 
provided further that in districts that include within their bound- 
aries territory lying in two or more counties, or districts joint 
with cities having separate superintendents, it shall be the duty 
of the public school teachers in such joint districts to make sepa- 
rate reports as provided herein to the county, district or city 
superintendent of the county or city in which the children be- 
tween the ages of seven and fourteen and fourteen and sixteen 
xo attending reside; and provided that the teachers in cities of 
2,000 population or more shall not be required to make the re- 
port provided herein, except when called upon to do so by the 
proper county or city superintendent. All teachers of private 
and parochial schools shall keep a record embodying all the 
data enumerated in this section, and such record shall be open 
to the inspection of all truant officers specified in this act, at 
any and all reasonable times ; and provided that when called 
upon by any truant officer, or superintendent, the teachers in 
private or parochial schools may furnish in writing on blanks 
furnished by the truant officer or superintendent the above 
mentioned data in regard to any child or children between the 
itges of seven and fourteen and fourteen and sixteen who claim, 
or who are claimed to be in attendance upon said school; and 
every teacher in a public school shall, and every teacher in a 
private or parochial school may promptly notify the proper 
truant officer of any child whose attendance is habitually ir- 
regular ; provided such irregularity is not excused by any pro- 
vision of this act. Any officer or teacher in a public school 
who shall fail or neglect to make the reports required by this 
section as required, or any teacher in a private or parochial 
•school who shall fail to keep a record as required in this sec- 
tion shall be subject to a forfeiture of not less than five nor 
more than twenty-five dollars for each such failure or neglect, 



— 6 — 

said forfeiture to be sued for by any voter of the district where 
su<h officer resides, or where such teacher is employed, and 
recovered in the same manner other forfeitures are sued for 
and recovered under the Wisconsin statutes; one-half of the 
amount of the forfeiture to be paid to the voter bringing ac- 
tion and the other half to be paid into the school district 
treasury of the district where such offender resides. 

Chapter 421, Laws of 1911. 

Section 1. Section 439cc of the statutes is amended to read: 
Section 439cc. 1. It shall be the duty of the county, district 
and city superintendents, upon receiving the reports and in- 
formation as provided in the preceding sections, to compare 
carefully the reports of attendance and enrollment, with the 
i. I mi-is of the last school census on file in his office, and ascer- 
tain therefrom the names of all children who are not comply- 
ing with the provisions of this law, and it shall be the duty 
of such superintendents to report the names of such children, 
together with the names and addresses of the parents or those 
having control of such children to the comissioner of labor and 
industrial statistics at Madison, upon blanks furnished for 
that purpose, and to the proper truant officer of the county, 
district or city. The truant officer shall immediately upon 
receipt of such report, or when he obtains information of de- 
linquencies, notify by registered mail, or by the service of 
notice in the same manner as provided for the service of sum- 
mons in a civil case in a justice court, the parent or the per- 
son having control of such child or children, to cause such 
child or children to be sent to some public, parochial or private 
school within five days from the date notice is deposited, prop- 
erly addressed in the post office, if notice is served by regis- 
tered mail, or five days from the date of the personal service 
of said notice. 

1'. The notice shall inform the parent or other person in 
parental relation that the law requires that all children be- 
tween the ages of seven and fourteen, and between the ages of 
fourteen and sixteen, if not regularly employed as provided 
biy chapter 349, laws of 1903, are to be in regular attendance 
at some school as provided in section 439a. It shall be the 
duty of all truant officers, after having given the notice here- 



inbefore described, to determine whether the parent or other 
person in parental relation has complied with the notice, and 
in case of- failure to so comply, he shall immediately notify the 
commissioner of labor and industrial statistics of such failure. 
and within three days after haying knowledge of or having 
bo en notified thereof, make complaint against said parent or 
person in parental relation having the legal charge and control 
oil such child or children, before any justice of the peace in the 
county, where such party resides. 

3. Provided, that in counties where the criminal jurisdic- 
tion of the justice of the peace has been abolished, the court 
or courts now having such powers, shall have jurisdiction in 
cases brought under the provisions of this act ; for such refusal 
or neglect to send such child or children to some school as pro- 
vided herein; and said justice of the peace or other court 
shall issue a warrant on said complaint and shall proceed to 
hear and determine the same, in the same manner as provided 
by statute for other criminal eases under his jurisdiction. All 
truant officers or other officers having the power of truant offi- 
cers shall have the power to apprehend without warrant, any 
child or children found violating the provisions of this act. 
and cause such child or children to be placed in some public, 
parochial or private school. It shall be the duty of all school 
officers, superintendents, teachers or other persons to render 
such asistance and furnish such information as they may have 
at their command, to aid truant officers in the performance of 
their duties. 

Sectiox 2. This act shall take effect and be in force from 
and after its passage and publication. 

Section 439cd. Truant officers in cities of 2 ? 000 population 
or more shall receive such compensation as shall be fixed by 
the boards of education of such cities or boards having sim- 
ilar powers. When the sheriff, under-sheriff, and his depu- 
ties are acting as truant officers as provided herein, they shall 
be paid the same fees as provided for such officers in criminal 
actions brought under the "laws of this state, and in counties 
where the sheriff and deputies are paid an annual salary no 
extra compensation shall be allowed. 



— 8 



Chapter 542, Laws of 1911. 

Section 1. There is added to the statutes a new section to 
read: Section 439ce. Each county and city superintendent 
of schools shall report to the bureau of labor and industrial 
statistics within ten days after the close of each month, com- 
mencing with the month of September and concluding with 
the month of June in each year, the name of each child re- 
siding in the county, district, or city under his supervision 
who during said month has not complied with the provisions 
of sections 439, 439a, 439b, 439cb, 439cc, or 439cd of the stat- 
utes, and the name and postoffice address of the parent or 
guardian of such child. 



CONTINUATION SCHOOLS. 

Chapter 660, Laws of 1911. 

Section 1. Subsection 1, of section 1728c— 1, of the stat- 
utes, is amended to read: (Section 1.28c— 1) 1. Whenever 
any evening school, continuation classes, industrial school or 
commercial school, shall be established in any town, village 
«n- city in Ibis state for minors between the ages of fourteen 
and sixteen, working under permit as now provided by law, 
every such child, residing within any town, village or city in 
'which any such school is established, shall attend such school 
not less than five hours per week for six months in each year, 
until such child becomes sixteen years of age, and every em- 
ployer shall allow all minor employes over fourteen and under 
sixteen years of age a reduction in hours of work of not less 
than the number of hours the minor is by this section required 
to attend school. 

Section 2. This act shall take effect and be in force from 
Eifter its passage and publication. . 



1AU0RD BROS. 
IYIAC1I81 -N r 



